Erie Insurance Co. v. Gibbs

Plaintiffs insurance companies filed a declaratory judgment action seeking a finding that they did not have a duty to defend or indemnify the defendant policy holder in an underlying action premised on negligence, which arose out of conduct for which the defendant was found guilty of misdemeanor criminal battery. The trial court granted summary judgment for the plaintiffs, finding that the conduct at issue was intentional and was excluded from coverage. Defendant appealed, arguing that the circuit court erred when it denied his motion to stay the declaratory action until the negligence action was resolved and when it granted summary judgment in favor of the plaintiffs. The appellate court affirmed, finding that the trial court did not err and the insurance companies did not have a duty to defend or indemnify the defendant in the underlying negligence action based on the policies’ exclusions related to intentional acts and physical abuse. (DAVENPORT and HETTEL, concurring)